• Archive for January, 2011

    Two Articles by Joan Steinman

    by  • January 28, 2011 • Faculty Scholarship • 0 Comments

    The following articles by Joan Steinman were recently posted: the first, Shining a Light in a Dim Corner: Standing to Appeal and the Right to Defend a Judgment in the Federal Courts, was published in a 2004 volume of the Georgia Law review. Read the full article here.

    The second, After Steel Co.: 'Hypothetical Jurisdiction' in the Federal Appellate Courts, was published in a 2001 volume of the Washington & Lee Law Review. Read it here. 

    

    Professor Birdthistle’s New Article, “Breaking Bucks in Money Market Funds”

    by  • January 27, 2011 • Faculty Scholarship • 0 Comments

    Professor William Birdthistle's most recent article, Breaking Bucks in Money Market Funds, has been published in a 2010 volume of the Wisconsin Law Review. Here's the abstract:

     This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis increases rather than decreases the likelihood of future failures in money market funds and the broader capital markets. In newly promulgated regulations addressing the "breaking of the buck" in the $3 trillion money market – a debacle at the fulcrum of the 2008 financial meltdown – the SEC endorses practices that obfuscate rather than illuminate the capital markets, including fixed pricing for money market funds, potentially riskier portfolio requirements, and the continued use of discredited ratings agencies. These policies, premised implicitly upon doubt in the ability of markets to process information effectively, obscure the true perils of money market funds. Rather than swaddling investment risks in misleading regulatory padding, the SEC should illuminate the possible menace of these funds. This Article offers transparent solutions to alleviate moral hazard and systemic risk in the broader market and to end the regulatory subsidy of these specific investments.

     

    Read the full article here.

    Shared Ownership of Archeological Sites?

    by  • January 11, 2011 • Faculty Commentary • 2 Comments

    By Sarah Harding


    Just before the holidays my son returned from a Latin class high school trip to Italy (where were these marvelous excursions when we were kids?!). The trip focused on Rome and Sorrento, with the Sorrento portion providing a base for a range of archeological sites, including Pompeii. Coincidentally Pompeii was much in the news here at exactly the same time. Apparently Pompeii is crumbling – this time not under the weight of volcanic ash but mere human neglect. A recent article in Newsweek notes that since early November “ structures have been tumbling down at an astonishing rate.” The eye witness account of my son was “Pompeii was the most remarkable thing I’ve ever seen; an entire Roman city preserved! But it was sad some portions were off limits because the structures were unstable.”

    (more…)